Twists and turns of Saraki, Ekweremadu’s forgery trial 

The 8th National Assembly seems to be courting too many controversies, especially the Senate which has been enmeshed in one controversy or the other since its inauguration on June 9, 2015.

From the purchase of 36 land cruisers for senators, introduction of anti-social media bill, proposal of life pension and immunity for presiding officers of the National Assembly, trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT) over false assets declaration amongst others, the 8th Senate has been in the news for the wrong reasons than any other Senate in the nation’s history.

Perhaps, the gale of controversy coupled with the image and perception challenge facing the nation’s upper legislative chamber may have informed opinions in some quarters for the country to follow the path of Senegal by scrapping the Senate.

The latest in the controversies is the arraignment of Saraki, his deputy Ike Ekweremadu, former Clerk to the National Assembly Abubakar Maikasuwa and Clerk to the Senate/Deputy Clerk to the National Assembly Benedict Efeturi, currently standing trial at an Abuja High Court over alleged forgery of the Senate Standing Orders 2015 (as amended).
The case instituted by the Attorney General of the Federation, Abubakar Malami, has elicited mixed reactions amongst Nigerians. While some see the latest trial as persecution and an affront on the independence of the legislature, others argue that the presiding officers are facing the consequences of their actions by amending the Senate Rule illegally.

Yet for others, the latest trial is in bad taste considering the fact that it comes at a time Nigerians are looking forward to a breather after the passage of the 2016 Budget.
While the House of Representatives enjoy cordial relationship with the Executive, this cannot be said of the Red Chamber, as it is involved in one-week-one-trouble with the Executive arm of government.

Analysts say the latest trial of the Senate President may ignite a major confrontation between the Presidency and the National Assembly in the weeks ahead. For them, the emergence of Saraki as the Senate President on June 9, 2015, in what was described as an ‘apparent disregard’ to the directives of the ruling All Progressives Congress (APC), laid the foundation of the controversies that have enveloped the upper chamber. The former Kwara State governor had edged out Ahmad Lawan, the preferred candidate of the APC to clinch the Senate’s plum job, after resting on the numerical strength of the opposition People’s Democratic Party, (PDP) senators.

However, other commentators traced the origin of the crises to President Buhari’s initial non-interference in the choice of the leadership of the National Assembly. This, they say, paved the way for not only Saraki’s emergence but an opposition lawmaker – Ekweremadu – as deputy Senate President.

Cancellation of Presidential Dinner

The current face-off between the two arms of government forced the President to, on two occasions, cancel the traditional breaking of Ramadan fast with the leadership of the National Assembly.

BDSUNDAY gathered that Buhari was preparing a budget amendment bill which he wanted to announce at the dinner with federal lawmakers. However, upon learning that legislators would boycott the event to protest the Executive’s alleged interference in their internal affairs, the President hurriedly put off the dinner to avoid a situation where he would be embarrassed.
Also, there are concerns in some quarters that the crises could have grave implication on executive bills currently before the Senate, as they may suffer setback.

These include the N241billion 2016 Federal Capital Territory (FCT) budget, Money Laundering (Prevention and Prohibition) Bill and Mutual Legal Assistance in Criminal Matters Bill.
Feelers from the National Assembly indicate that the Senate intends to escalate confrontation with the Executive in the weeks ahead by refusing to approve nominees sent by President Muhammadu Buhari for confirmation. Recently, it suspended the screening of 47 ambassadorial nominees, even as the screening of Acting EFCC chairman Ibrahim Magu and Acting Inspector-General of Police Ibrahim Idris are being awaited.

Concerns have mounted about the inability of the upper chamber to pass critical economic bills that would improve the nation’s ranking in the World Bank Ease of Doing Business report, as it passed only 11 bills in one year.

Experts at the National Assembly Business Environment Roundtable agreed that passing 54 governance and economic reform bills by the National Assembly would add N5trillion to the Nigerian economy.

The bills, which they say would drastically change the business environment and promote inclusive growth in the real sector are still awaiting Senate’s consideration and passage.
Nigeria is ranked 169 out of 189 economies in the 2016 World Bank Ease of Doing Business Report.

The bills include: the Railway Sector Reform Bill, Ports and Habour Reforms Bill, Regulatory Impact Assessment Bill, Climate Change Bill, Tax and Revenue Las/Bill, Federal Funding Accountability and Transparency Act, Fertilizer Bill, Government Performance and Result Act (GPRA) bill and National Poverty Eradication Commission (Establishment) Bill.

Others are Executive Bodies Independence Protection Law, National Assembly Budget and Research Office Bill, Petroleum Industry Governance Bill, e-Commerce Protection Law Bill, Critical Infrastructure Protection Bill, Market Competition Bill, Credit Bureau and Referencing Bill, Agricultural Credit and Loan Scheme Bill, Private Sector Infrastructure Investment Protection and Regulation Bill and the Road Sector Reform Bill.

Also on the list are: Police Reform Bill, Justice Reform Bill, Criminal Procedure Law Amendment Bill, Whistleblower Protection Bill, Budget Reform Bill, Ecological Funds Utilization and Management Bill and the Excess Crude Account Management Bill.

Buhari, Saraki in war of words

The face-off between the Senate leadership and the Presidency assumed another dimension shortly after Saraki’s arraignment last week, as both arms of government were locked in a war of words on the matter.

While Saraki insist that his trial was a clear indication that President Buhari was not in charge of governance and that a cabal had taken over his government, Ekweremadu submitted that the President was exhibiting dictatorial tendencies.

However, the Presidency through the Special Adviser to the President on Media and Publicity Femi Adesina said Saraki’s allegations were not only “ridiculous but also preposterous”, even as Secretary to the Government of the Federation Babachir Lawal, asked the nation’s two top legislative officials to follow the path of honour and resign.

Coincidentally, the Senate has summoned Lawal and the Minister of Foreign Affairs, Godfrey Onyema, to appear before the Committee on Foreign Affairs to explain the rationale behind the selection of ambassadorial nominees.

AGF shuns panel
A week after he shunned the Senate’s invitation to explain why he filed charges against the Presiding Officers over forgery of the Senate Rules, the Attorney General of the Federation Abubakar Malami shunned the upper chamber.

Malami, who was represented by Okoi Obono-Obla, Special Assistant to the President on Prosecution, attached to the Federal Ministry of Justice, was however turned back by the Senate Committee on Judiciary, Legal Matters and Human Rights.

Chairman of the committee, David Umaru insisted that the summon was for the AGF and not the President.
Other members of the committee including Joshua Lidani and Chukwuka Utazi, expressed displeasure over the absence of the AGF who they summoned to explain the forgery allegations levelled against the Senate leadership.

The sitting was brought to an abrupt end after Obla told the committee that he was appointed by the President and deployed to the office of the AGF. He further told the panel that it lacked jurisdiction to entertain the matter since it is already before a court of competent jurisdiction.

Dissatisfied with his explanations, the committee chairman walked him out, insisting that the AGF must appear in person.
Speaking with journalists after he stormed out of the venue of the sitting, a visibly angry Obla described the sitting of the committee as illegal and contempt of court.
Both the Executive and Legislature are laying claim to the 1999 Constitution (as amended) to back up their actions. Relying on Section 174 (1) of the Constitution, Obla said the AGF is only answerable to the President and can prosecute anybody irrespective of their status in the society.

Section 174 (1) (a) of the Constitution states: “The Attorney General of the Federation shall have power to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under any Act of the National Assembly”.

However, lawmakers are relying on Section 88 (1) (b) of the Constitution, which stipulates that: “Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into the conduct of affairs of any person, authority, ministry or government department….”

Numerical strength of pro-Saraki senators

One thing the Senate president has going for him currently is his numerical strength, which has made it practically impossible for him to be impeached. At the moment, the former Kwara Governor controls 87 senators, representing 84percent of the Red Chamber. Out of the 87 senators, 44 PDP lawmakers recently passed a vote of no confidence on President Buhari for ‘persecuting’ presiding officers of the upper chamber.

And just like the outgoing British Prime Minister David Cameron who was caught on camera by journalists describing Nigeria as being ‘fantastically corrupt’, some pro-Saraki senators at the Federal High Court Jabi, Abuja promised to frustrate any bill or correspondence from the Executive requiring Senate confirmation.

Some pro-Saraki senators heading juicy committees include: Andy Uba (PDP, Public Accounts); Godswill Akpabio (PDP, Minority Leader), Danjuma Goje (APC, Appropriations); John Enoh (PDP, Finance); Dino Melaye (APC, Federal Capital Territory); Shehu Sani (APC, Local and Foreign Debts); Peter Nwaboshi (PDP, Niger Delta); James Manager (PDP, Power); Kabiru Gaya (APC, Works); Bassey Akpan (PDP, Gas) and a host of others.

Pro-Buhari senators

Democracy, they say, is all about numbers. Currently, 16 senators are behind the President, a far cry of two-thirds majority required by Section 50 (2) (c) of the 1999 Constitution to remove the Senate President. By implication, 73 senators are needed to activate Section 50 (2) (c) of the Constitution.

The pro-Buhari senators who are mostly members of the Senate Unity Forum include: Sola Adeyeye, Bala Ibn Na’Allah, Francis Alimekhena, Suleiman Hunkuyi, Abubakar Kyari and Kabiru Marafa.
Others are: Adeola Olamilekan, Binta Garba, Ali Wakili, Adesoji Akanbi, Sulaiman Nazif, Yusuf Abubakar, Abubakar Garbai and Ovie Omo-Agege.

Trials won’t affect smooth running of upper chamber – Experts

As the full trial commences on July 11, analysts say their prosecution will not affect the smooth running of the upper legislative chamber.
Since their arraignment, the upper chamber has consistently maintained that it is the Senate that is being tried and not the presiding officers.
Analysts who bared their minds on the matter explained that it is the individuals that are on trial and not the institution. They therefore, urged the senators not to heat up the polity.
“The Senate is an institution that has many senators. So, the function shouldn’t be affected by a court matter involving two individuals. What I expect is that those individuals shouldn’t go overheating the polity. The law is clear; anybody can be prosecuted for whatever infraction they presume you have been involved in. I expect that those who are being prosecuted should go to the court to prove their innocence,” said Jude Ohanele, programme director, Development Dynamics, in an interview with BDSUNDAY.

“You don’t stop the institutions from working, you don’t stop the engine of government from moving and if you truly know you didn’t commit any crime you will go to court and when the court rules that you didn’t commit any crime, you can also take a civil action claiming damages,” said Ohanele.
On his part, George Oji, Executive Director, Friends in the Gap Advocacy Initiative, believes the rivalry between the two arms of government is healthy for the nation’s democracy.
For him, this would help in the checks and balances of the arms of government.

He, however, predicted that even if Saraki were discharged and acquitted of all charges of corruption and forgery respectively, there are pockets of charges, which the powers-that-be will prefer against him. He said the ultimate aim is to ensure that Saraki is kicked out of office by all means.
“What is happening now is good for our democracy. By the time the Executive and Legislature come together as one, it’s a conspiracy against the electorate.
“When they cooperate, it’s against the interest of the people. It’s a healthy rivalry, particularly because of this issue of transparency. What it means is that everybody will be on his toes; nobody wants to compromise himself. The electorate will be the best for it. By the time they come to understanding, they will suppress some of these issues”, he said.